{"id":"F2017L00719","name":"Social Security (Exemptions from Non‑payment and Waiting Periods ‑ Activities) Specification 2017","slug":"social-security-exemptions-from-non-payment-and-waiting-periods-activities-specification-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96534,"registerId":"commonwealth-F2017L00719-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Exemptions from Non‑payment and Waiting Periods ‑ Activities) Specification 2017","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nSocial Security (Exemptions from Non‑payment and Waiting Periods ‑ Activities) Specification 2017\n\nmade under subsections 500WA(3), 549A(6), 549CA(4), 553B(2A), 553C(5), 598(8A), 620(3), 633(5) and 634(2A) of the\n\nSocial Security Act 1991\n\nCompilation No. 2\n\nCompilation date: 20 October 2021\n\nIncludes amendments up to: F2021L01445\n\nRegistered: 14 December 2021\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Social Security (Exemptions from Non-payment and Waiting Periods - Activities) Specification 2017 that shows the text of the law as amended and in force on 20 October 2021 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n1 Name\n\nThis instrument is the Social Security (Exemptions from Non‑payment and Waiting Periods ‑ Activities) Specification 2017.\n\n3 Authority\n\nThis instrument is made under subsections 500WA(3), 549A(6), 549CA(4), 553B(2A), 553C(5), 598(8A), 620(3), 633(5) and 634(2A) of the Social Security Act 1991.\n\n5 Definitions\n\nIn this Specification:\n\n> Act means the Social Security Act 1991.\n\n> Rehabilitation program means rehabilitation program within the meaning of subsection 23 (1) of the Act.\n\n> Community Development Programme means the employment and participation programme serving identified remote areas starting on 1 July 2015.\n\n> COVID‑19 Australian Government payment means a payment or grant of financial assistance covered by item 492 of the table in Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997.\n\n> Stream C employment services means those services specified as Stream C in the jobactive Deed 2015‑2020.\n\n6 Specification of activities\n\nFor paragraphs 500WA(2)(a), 549A(5)(a), 549CA(3)(a), 553B(2)(a), 553C(4)(a), 598(8)(a), 620(2)(a), 633(4)(a),and 634(2)(a) of the Act, the following activities are specified:\n\n(a) an activity undertaken by a person as part of Stream C employment services provided to the person;\n\n(b) a rehabilitation program;\n\n(c) an activity undertaken by a person as part of the Community Development Programme where the person would otherwise have been referred to activities listed in paragraph (a) or (b) if not for the person being placed in the Community Development Programme.\n\n7 Specification of activities for ordinary waiting period exemptions\n\n(a) For paragraphs 500WA(2)(a), 549CA(3)(a) and 620(2)(a) of the Act, the following activities are specified:\n\ni. the activity of making a claim for a social security payment during the period commencing 12 March 2020 and ending on 12 June 2020 and then receiving a social security payment for part or all of that period;\n\nii. the activity of making a claim for a social security payment by a person during any period they are entitled to a COVID-19 Australian Government payment;\n\niii. the activity of making a claim for a social security payment by a person on a day within 13 weeks after the day they were last entitled to a COVID-19 Australian Government payment.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | Ord = Ordinance                     |\n| amdt = amendment                               | orig = original                     |\n| c = clause(s)                                  | par = paragraph(s)/subparagraph(s)  |\n| C[x] = Compilation No. x                       | /sub‑subparagraph(s)                |\n| Ch = Chapter(s)                                | pres = present                      |\n| def = definition(s)                            | prev = previous                     |\n| Dict = Dictionary                              | (prev…) = previously                |\n| disallowed = disallowed by Parliament          | Pt = Part(s)                        |\n| Div = Division(s)                              | r = regulation(s)/rule(s)           |\n| ed = editorial change                          | reloc = relocated                   |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered                  |\n| effect                                         | rep = repealed                      |\n| F = Federal Register of Legislation            | rs = repealed and substituted       |\n| gaz = gazette                                  | s = section(s)/subsection(s)        |\n| LA = Legislation Act 2003                      | Sch = Schedule(s)                   |\n| LIA = Legislative Instruments Act 2003         | Sdiv = Subdivision(s)               |\n| (md) = misdescribed amendment can be given     | SLI = Select Legislative Instrument |\n| effect                                         | SR = Statutory Rules                |\n| (md not incorp) = misdescribed amendment       | Sub‑Ch = Sub‑Chapter(s)             |\n| cannot be given effect                         | SubPt = Subpart(s)                  |\n| mod = modified/modification                    | underlining = whole or part not     |\n| No. = Number(s)                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                              | Registration               | Commencement                       | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------- | -------------------------- | ---------------------------------- | ----------------------------------------------- |\n| Social Security (Exemptions from Non‑payment and Waiting Periods ‑ Activities) Specification 2017 | 22 June 2017 (F2017L00719) | 1 July 2017 (s 2(1) item 1)        |                                                 |\n| Social Security (Ordinary Waiting Period Exemption) Instrument 2020                               | 12 Mar 2020 (F2020L00247)  | Sch 1: 12 Mar 2020 (s 2(1) item 3) | —                                               |\n| Social Security (Exemptions from Non-payment and Waiting Periods - Activities) Specification 2017 | 19 Oct 2021 (F2021L01445)  | 20 Oct 2021 (s 2(1) item 2)        | —                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected       | How affected   |\n| ------------------------ | -------------- |\n| s 2..................... | rep LA s 48D   |\n| s 4..................... | rep LA s 48C   |\n| s 5..................... | am F2021L01445 |\n| s 7..................... | ad F2020L00247 |\n|                          | am F2021L01445 |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The original specification (s6) identified activities—Stream C employment services, rehabilitation programs and certain Community Development Programme placements—as exemptions. A subsequent amendment added ordinary waiting‑period exemptions tied to COVID‑19 payments and specific dates/entitlement windows (s7). The amendment history records the 12 March 2020 COVID‑related instrument and the 19 October 2021 compilation, which expanded temporary exemptions (Endnote 3; Endnote 4)."},"complexity_factors":["Cross‑references to multiple provisions of the Social Security Act (500WA(2)(a), 549A(5)(a), 549CA(3)(a), 553B(2)(a), 553C(4)(a), 598(8)(a), 620(2)(a), 633(4)(a), 634(2)(a)) which requires mapping this specification to different payment rules (see instrument header and s6).","Defined‑term dependencies: relies on definitions not fully contained here (eg. 'Rehabilitation program' as defined in subsection 23(1) of the Act; 'Stream C employment services' via the jobactive Deed) (s5).","Interaction with external instruments: references the jobactive Deed 2015–2020 and the Financial Framework (Supplementary Powers) Regulations 1997 (COVID‑19 Australian Government payment), creating cross‑instrument interpretation needs (s5, s6, s7).","Temporal and conditional rules: s7 creates time‑limited and entitlement‑linked exemptions (specific dates and 13‑week windows), increasing operational complexity for administrators.","Amendment history and compilations: later amendments (notably the 2020 ordinary waiting period exemption and the 2021 compilation) alter scope and require checking endnotes for effective dates (Endnote 3; Endnote 4).","Administrative verification burden: the specification shifts eligibility treatment but requires administering agencies to verify participation, entitlement periods and prior COVID payment status (ss6–7)."],"plain_english_summary":"This instrument tells the Social Security Act which activities count as exemptions from non‑payment and waiting periods. It specifies that participation in Stream C employment services, rehabilitation programs, and certain Community Development Programme placements are exempt (s6), and adds temporary COVID‑19 related claim and entitlement periods as ordinary waiting‑period exemptions (s7).\n\nEffect: recipients doing those activities may receive payments or avoid waiting periods they would otherwise face; the Commonwealth bears the payment effect and administrators must verify activity and COVID entitlements (ss6–7), creating modest compliance checks."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2017 instrument focused on exempting people in intensive employment services (Stream C), rehabilitation programs, and the Community Development Programme from non-payment penalties. However, amendments in 2020 and 2021 significantly expanded the scope to include COVID-19 pandemic-related exemptions. Section 7 was entirely new, adding exemptions for ordinary waiting periods specifically for people claiming payments during the early pandemic period (March–June 2020) or those transitioning from COVID-19 emergency payments. This transformed the instrument from a narrow employment/rehabilitation specification into a broader pandemic-response tool, though the COVID-19 provisions are time-limited or transitional in nature."},"complexity_factors":["Short instrument with only 7 sections (2 of which are repealed)","Only 4 defined terms in section 5","Simple list structure in sections 6 and 7 specifying activities","Heavy reliance on external references (9 different subsections of the Social Security Act 1991)","COVID-19 provisions add temporal conditions (specific dates: 12 March 2020 to 12 June 2020, 13-week period)","Nested condition in section 6(c) requiring hypothetical assessment ('would otherwise have been referred')","Cross-reference to Financial Framework (Supplementary Powers) Regulations 1997 for COVID-19 payment definition"],"plain_english_summary":"This instrument tells Centrelink which activities count as valid participation so recipients aren’t hit with payment suspensions or waiting periods. It mainly benefits people on JobSeeker, Youth Allowance, Special Benefit, those in remote CDP or Stream C services, people in rehab for injury/illness, and claimants who made claims or received COVID‑19 emergency payments early in the pandemic. It protects people doing intensive support, recovery, or pandemic‑era transitions from unfair penalties."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-exemptions-from-non-payment-and-waiting-periods-activities-specification-2017","history":"/api/acts/social-security-exemptions-from-non-payment-and-waiting-periods-activities-specification-2017/history","analysis":"/api/acts/social-security-exemptions-from-non-payment-and-waiting-periods-activities-specification-2017/analysis","conflicts":"/api/acts/social-security-exemptions-from-non-payment-and-waiting-periods-activities-specification-2017/conflicts","importantCases":"/api/acts/social-security-exemptions-from-non-payment-and-waiting-periods-activities-specification-2017/important-cases","documents":"/api/acts/social-security-exemptions-from-non-payment-and-waiting-periods-activities-specification-2017/documents"}}